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[Section Index]

1The Contract Act, 1872

( ACT NO. IX OF 1872 )

[ 25th April, 1872 ]

Chapter IV

OF THE PERFORMANCE OF CONTRACTS

Performance of Reciprocal Promises

Alternative promise, one branch being illegal
58. In the case of an alternative promise, one branch of which is legal and the other illegal, the legal branch alone can be enforced.
 
 
 
 
Illustration
 
 
 
 
A and B agree that A shall pay B 1,000 Taka for which B shall afterwards deliver to A either rice or smuggled opium.
 
 
 
 
This is a valid contract to deliver rice, and a void agreement as to the opium.
 
 
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    Throughout this Act, except otherwise provided, the words "Bangladesh", "Taka" and "Penal Code" were substituted, for the words "Pakistan" or "East Pakistan", "Rupees" or "Rs." and "Pakistan Penal Code" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
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